For business owners and leadership teams

Trademark Litigation Defence

Accused of infringing someone else’s trademark? We test the claim before you concede it — and defend it through the High Court if it needs defending.

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  • Advocates & Solicitors
  • Offices in Kuala Lumpur & Johor Bahru
  • Confidential, no obligation
Ahmad Solehin Abd Ghani, PartnerNur Khalis Johar Amin, PartnerNur Amira Syahira, Senior AssociateSiti Zubaidah Jemadi, Senior AssociateSiti Sarah Sarif, Senior AssociateMadihah Hisham, AssociateNur Afiqah Qasrina, AssociateKritigeswari P. Ramesh, AssociateHafiz Azhari Zamree, AssociateNur Ashsyifa' Aqila, Trainee Associate

Real lawyers, one team behind every matter

Who this is for

Sound familiar?

01

Businesses that have received a trademark cease-and-desist letter or letter of demand

02

Companies served with a writ or injunction application for trademark infringement

03

Businesses facing a marketplace takedown, customs detention or distributor complaint over branding

04

Companies deciding whether to defend, narrow their use, settle or rebrand

05

Former distributors, licensees or JV partners accused of continuing to use a brand after termination

What's at stake

What is really at stake

  1. 01
    A cease-and-desist letter has arrived, a marketplace listing has been pulled, or a writ has been served — and the demand is that you stop using the brand your business trades under.
  2. 02
    The instinct is to reply quickly and explain.But an early admission, a rushed undertaking, or a page taken down before the evidence was preserved can lose a defence that was available. Registration is not the same as infringement, and a demand letter is not a judgment.

In plain words

Trademark Litigation Defence

Defendant-side advice and representation for trademark infringement claims in Malaysia — assessing the claimant’s rights and the pleaded case, preserving evidence, managing injunction and operational risk, and conducting the defence and any counterclaim through the High Court or to settlement.

What good looks like

Imagine a response built on a tested reading of the claimant’s actual registered rights, an evidence pack that holds up under scrutiny, and a clear commercial view of what defending, narrowing or settling would each cost you.

What you get

What we deliver

Scope and fee are agreed in writing before any work starts, so you know exactly what you are getting.

  1. 01

    Assessment of the claim and the claimant’s registered rights

  2. 02

    Evidence preservation and brand-use chronology

  3. 03

    Defence strategy and first response to the claimant

  4. 04

    Injunction risk assessment and interim operational advice

  5. 05

    Defence and counterclaim conducted through the High Court, or advice on settlement options

How we work

Clear from the first conversation

  1. 1

    Send a short request

    Tell us what the matter is about. It takes under a minute and stays confidential.

  2. 2

    Akmal sets a time with you

    We reply within 30 minutes in office hours to arrange your consultation, online or at our KL or JB office.

  3. 3

    Advice, then a written proposal

    You get a clear view of the issues and options, then a written scope and fee proposal.

  4. 4

    Work begins on the agreed scope

    Akmal leads the matter with a team of our lawyers, working to the scope you approved. You get regular updates at every key step.

Scope and fee in writingAgreed before any work starts. No open-ended billing surprises.
Online where it suits youMost work is done online. We meet in person when the law requires it.
Fast, direct repliesWithin 30 minutes during office hours, Mon–Fri 8:30am–5:30pm.

Who leads your matter

Led by Akmal Saufi, supported by our team

Akmal leads your matter as Partner. Depending on the work, other lawyers in our team handle parts of it day to day, with Akmal overseeing the matter.

Akmal Saufi

Akmal Saufi

Partner, Messrs Akmal Saufi & Co

  • Advocate & Solicitor, Malaysia
  • Over 13 years in transactional work: M&A, joint ventures, land and infrastructure
  • LLB (Hons), International Islamic University Malaysia

The team behind your matter

Meet the team →
Ahmad Solehin Abd Ghani, Partner
Ahmad Solehin Abd GhaniPartner
Nur Khalis Johar Amin, Partner
Nur Khalis Johar AminPartner
Nur Amira Syahira, Senior Associate
Nur Amira SyahiraSenior Associate
Siti Zubaidah Jemadi, Senior Associate
Siti Zubaidah JemadiSenior Associate
Siti Sarah Sarif, Senior Associate
Siti Sarah SarifSenior Associate
Madihah Hisham, Associate
Madihah HishamAssociate
Nur Afiqah Qasrina, Associate
Nur Afiqah QasrinaAssociate
Kritigeswari P. Ramesh, Associate
Kritigeswari P. RameshAssociate
Hafiz Azhari Zamree, Associate
Hafiz Azhari ZamreeAssociate
Nur Ashsyifa' Aqila, Trainee Associate
Nur Ashsyifa' AqilaTrainee Associate

Who we have acted for

Organisations we have acted for

Federal government agencies & statutory bodies

Johor state bodies & local authorities

Government-linked companies

Private sector & NGOs

Shown with permission. Government agencies, statutory bodies and government-linked companies are identified as such. Their inclusion does not imply endorsement by any government, ministry or agency.

Next step

Request a consultation with Akmal

  1. 1Send a short request. It takes under a minute.
  2. 2Akmal reviews it and arranges a time with you.
  3. 3You get clear advice, then a written scope and fee proposal.

We reply within 30 minutes · Mon–Fri, 8:30am–5:30pm

Your details stay confidential. Sending a request does not mean you have appointed us.

  • Licensed advocates & solicitors
  • Professional indemnity insured
  • Offices in KL & JB

Questions

Frequently asked questions

Still unsure? Send a short request and Akmal will tell you plainly whether and how we can help.

We’ve received a cease-and-desist letter. Do we have to stop using our brand?

Not automatically. A demand letter is an allegation, not a court order. But ignoring it is also a decision — it can invite escalation and leave the claimant’s version of the facts uncontested. The right first step is to check what the claimant is actually registered for and how that compares with what you are using.

They have a registered trademark. Does that mean we have infringed it?

No. Registration gives the proprietor exclusive rights, but infringement under the Trademarks Act 2019 still depends on the sign you used, the goods or services involved, how it was used in the course of trade and, on the similarity-based routes, likelihood of confusion. The Act also sets out circumstances where use does not amount to infringement.

We were using the name first. Is that a defence?

It can be, but the statutory test is specific — it requires qualifying continuous use in the course of trade from before the relevant earlier date, proved by dated contemporaneous documents. “We used it first” backed only by recollection is not enough. This is why the evidence work comes before the reply.

Should we take the listings and pages down straight away?

Preserve before you change. Capture full pages with URLs and dates, keep original files, and record what was changed, when and why. A commercial decision to pause a campaign may be sensible — deleting the evidence of what was there is not.

Is it cheaper to just rebrand?

Sometimes. A controlled rebrand can be the right commercial outcome even where the defence is strong. But that should be a decision made with the legal merits and the real cost of stock, packaging, channels and lost search visibility both visible — not a reaction to a deadline chosen by the other side.

What is Legal That Works?

Legal That Works is a business and organisation oriented legal service designed by Messrs Akmal Saufi & Co (the firm that has brought the widely known legal consumer services brand ASCOLAW). We specifically help business owners and organisation leadership to navigate Malaysia’s legal terrain to achieve their commercial goals.

What if I’m not sure what legal service I need?

No problem. Most business owners aren’t legal experts. Just reach out and we will guide you to the right service or help you understand your options, without jargon or upselling.

Who will be helping me?

Your matter is led by Akmal Saufi, Partner. Depending on the work, other advocates and solicitors in our team will handle parts of it day to day, with Akmal overseeing the matter. You will always deal with real lawyers, not chatbots or generic customer support.

Before you sign

The cost of waiting

Once court papers are served there are strict deadlines to respond, and an urgent injunction application can affect your trading before the dispute is ever decided on the merits. Evidence of how the brand was used also disappears quickly once pages start coming down.

WhatsApp us

We reply within 30 minutes · Mon–Fri, 8:30am–5:30pm

Legal That Works logo

Legal That Works (Messrs Akmal Saufi & Co) is a Malaysian business friendly legal services firm providing services across multiple industries and practice area fuelling business growth and ambition.

All rights reserved. © Legal That Works is a legal service by Messrs Akmal Saufi & Co (Registration No. 00020004166). 2014-2026
Regulated by the Malaysian Bar Council under the Legal Profession Act 1976.

Legal That Works logo

Legal That Works (Messrs Akmal Saufi & Co) is a Malaysian business friendly legal services firm providing services across multiple industries and practice area fuelling business growth and ambition.

All rights reserved. © Legal That Works is a legal service by Messrs Akmal Saufi & Co (Registration No. 00020004166). 2014-2026

Regulated by the Malaysian Bar Council under the Legal Profession Act 1976.

Legal That Works logo

Advocates & Solicitors in Kuala Lumpur and Johor Bahru

Legal That Works logo

Advocates & Solicitors, KL and JB